No. 18-9708

Brad Smith v. United States

Lower Court: First Circuit
Docketed: 2019-06-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: attenuation-doctrine brown-v-illinois consent-search consent-to-search curtilage exclusionary-rule fourth-amendment probable-cause
Key Terms:
FourthAmendment DueProcess CriminalProcedure Immigration Privacy JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Was petitioner's consent to search following law enforcement agents' unconstitutional entry into the curtilage of his home sufficiently attenuated from the illegality to justify not applying the exclusionary rule?

Question Presented (from Petition)

QUESTION PRESENTED This case involves the attenuation doctrine set forth in Brown v. Illinois, 422 U.S. 590 (1975), in the context of consent to search given following a Fourth Amendment violation. Petitioner contends that inconsistencies in the case law applying Brown led the First Circuit Court of Appeals to incorrectly answer the following question: Question Presented: Was petitioner’s consent to search following law enforcement agents’ unconstitutional entry into the curtilage of his home sufficiently attenuated from the illegality to justify not applying the exclusionary rule when the agents admittedly knew they did not have probable cause to search the home or arrest the defendant, the agents entered by going through the locked driveway gate of an entirely fenced property, the agents did not leave when no one answered their knocks at the door, the agents continued to search behind a carport for the defendant, the agents lied to the defendant about the reason for their presence and obtained incriminating statements before admitting their true purpose, the agents separated the defendant from his companion before questioning him, and the agents obtained the consent within minutes after questioning petitioner in his home. ii

Docket Entries

2019-10-07
Petition DENIED.
2019-06-27
DISTRIBUTED for Conference of 10/1/2019.
2019-06-25
Waiver of right of respondent United States to respond filed.
2019-06-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 18, 2019)

Attorneys

Brad Smith
Richard C. Guerriero Jr.Lothstein Guerriero PLLC, Petitioner
Richard C. Guerriero Jr.Lothstein Guerriero PLLC, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent